Legal Ethics and Attorney Discipline

  • New York Law Journal

    Judicial Ethics Opinion 24-39

    By Committee on Judicial Ethics | October 17, 2024

    A county court judge may participate in judicial associations with the judges of the local courts over which the judge exercises appellate jurisdiction.

  • New York Law Journal

    Judicial Ethics Opinion 24-38

    By Committee on Judicial Ethics | October 16, 2024

    A town justice need not disqualify from cases involving tickets issued by his/her co-judge in the co-judge's former capacity as a law enforcement officer.

  • New York Law Journal

    Judicial Ethics Opinion 24-36

    By Committee on Judicial Ethics | October 15, 2024

    On the facts presented, a judge may not accept a practicing attorney as a volunteer in chambers, where that attorney is currently a judicial candidate seeking election to judicial office.

  • New York Law Journal

    Judicial Ethics Opinion 24-35

    By Committee on Judicial Ethics | October 14, 2024

    A judge who determines there is a substantial likelihood that an attorney failed to maintain client funds in an escrow account must report the conduct to a disciplinary authority.

  • The Legal Intelligencer | News

    Attorneys Ordered to Apologize to South Philadelphia Residents Following 'Scream Test' Experiment

    By Riley Brennan | October 11, 2024

    Counsel for the plaintiff, Termaine Hicks, devised a "scream test," where a looped recording of a woman screaming at 122 decibels played for over an hour, starting at 5:30 a.m. Sept. 23. Area residents apparently weren't warned ahead of time.

  • New York Law Journal

    Judicial Ethics Opinion 24-34

    By Committee on Judicial Ethics | October 10, 2024

    A supervising judge may further judicial education by (1) distributing a scholarly outline concerning counsel fees in a specialized civil practice area to the jurists under his/her supervision, and (2) hosting a "lunch and learn" program for judges and court personnel which presents outside speakers, provided the overall program is balanced and impartial.

  • New York Law Journal

    Judicial Ethics Opinion 24-33

    By Committee on Judicial Ethics | October 9, 2024

    Where a full-time judge's former client has contacted the judge to complain about the successor attorney, the judge may suggest the former client retain new counsel, but should not otherwise provide legal advice or assistance.

  • New York Law Journal

    Judicial Ethics Opinion 23-243

    By Committee on Judicial Ethics | October 8, 2024

    (1) A judge who receives reliable information indicating a substantial likelihood that his/her co-judge has used a seemingly unaffiliated attorney to represent clients on certain cases that originated in their court, and arranged for those cases to be assigned to himself/herself, must report the co-judge to the Commission on Judicial Conduct. (2) If the judge further concludes, based on the information already known to him/her, that this seemingly unaffiliated attorney is an associate of the co-judge or is otherwise undertaking eviction work on behalf of the co-judge, the inquiring judge cannot accept eviction papers filed by that attorney. (3) The judge should consider whether he/she has received information indicating a substantial likelihood that the seemingly unaffiliated attorney has committed a substantial violation of the Rules of Professional Conduct; if so, the judge must take appropriate action.

  • New York Law Journal

    Judicial Ethics Opinion 23-242

    By Committee on Judicial Ethics | October 7, 2024

    (1) A judge has no ethical duty to investigate allegations from the court attorney's former romantic partner about the court attorney's conduct before working for the judge. (2) Where the court attorney has admitted certain allegations which, in the judge's view, constitute substantial professional misconduct, the judge must take appropriate action. (3) With respect to other allegations of a more personal and private nature, the judge need not take any action unless the judge concludes he/she has received information indicating a substantial likelihood that the attorney has committed a substantial violation of Rules of Professional Conduct. (4) On these facts, the judge has no ethical obligation to report the court attorney to the grievance committee or terminate the court attorney's employment.

  • New York Law Journal

    Judicial Ethics Opinion 23-241

    By Committee on Judicial Ethics | October 3, 2024

    Where a Lieutenant in the sheriff's office serves on the town board: (1) a town justice is ordinarily disqualified, subject to remittal, in matters involving the Lieutenant and any deputy sheriffs under that Lieutenant's supervision; but (2) the judge need not disqualify if he/she is satisfied that a town board resolution or other legal requirement prohibits the Lieutenant from voting or participating in deliberations on any town court matters.

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